Farmworker Housing
Housing for people who work in agriculture, whether provided by employers, built with dedicated USDA loans and grants, or rented on the private market. Federal rules set who must provide it and what standards it must meet.
What Is Farmworker Housing?
Farmworker housing is housing for people who earn their living in agriculture: planting, harvesting, packing, and tending livestock. It takes three main forms:
- Employer-provided housing. Dormitories, bunkhouses, or family units on or near a farm.
- Subsidized rental housing. Apartment communities, usually off the farm, built by nonprofits, public agencies, or growers with federal financing and reserved for farmworker households.
- Private-market housing. Ordinary rentals, which workers often share to keep costs down.
Needs differ within the workforce. Migrant workers travel with the crops and need a place to stay for a season. Workers settled in one area need permanent homes.
How Farmworker Housing Works
Three federal frameworks do most of the work:
| Framework | What it does |
|---|---|
| USDA Section 514 loans and Section 516 grants | USDA Rural Development finances housing for domestic farm labor. Loans generally carry interest of no more than 1%. Grants can cover up to 90% of development cost for nonprofits, public bodies, and tribes. |
| H-2A visa program rules | Employers who hire temporary foreign agricultural workers must house them at no cost. The same applies to other workers in those jobs who cannot reasonably return home each day. A state workforce agency inspects and certifies employer-provided housing before the work begins. |
| Migrant and Seasonal Agricultural Worker Protection Act | Whoever owns or controls housing for migrant farmworkers must make sure it meets safety and health standards. A state or local health authority, or another appropriate agency, generally must certify it before workers move in. |
Section 514 and 516 housing is reserved for domestic farm labor: people who earn a substantial share of their income from farm work and who are U.S. citizens, permanent residents, or otherwise legally admitted and authorized to work in agriculture. Congress added that last group, which includes H-2A workers, in 2018. Retired and disabled farmworkers can also qualify. Some properties carry Section 521 rental assistance, which limits what a tenant pays.
Farmworker Housing vs. Seasonal Workforce Housing
The two overlap but are not the same. Seasonal workforce housing is defined by the calendar. It covers anyone employed for part of the year, including resort and hospitality staff as well as harvest crews. Farmworker housing is defined by occupation. It has its own federal financing and legal standards, and it also serves many households who live in one place all year.
Criticisms and Limitations
- Two populations, two systems. H-2A workers must be housed by their employers. Other farmworkers generally have to find housing themselves, and Section 514 and 516 housing is open only to those who meet its legal-status rules.
- Dependence on the employer. When housing comes with the job, losing the job means losing the home. The same concern has long been raised about the company town.
- Cost. Housing that is occupied for only part of the year brings in rent for only part of the year, which makes it harder to finance and maintain.
Sources
- 42 U.S. Code § 1484 — Insurance of loans for housing and related facilities for domestic farm labor (Cornell LII) (opens in a new tab)
- 42 U.S. Code § 1486 — Financial assistance for low-rent housing for domestic farm labor (Cornell LII) (opens in a new tab)
- 20 CFR § 655.122 — Contents of job offers, H-2A program, paragraph (d) Housing (Cornell LII) (opens in a new tab)
- 29 U.S. Code § 1823 — Safety and health of housing for migrant agricultural workers (Cornell LII) (opens in a new tab)
- Congressional Research Service — USDA Rural Housing Programs: An Overview (R47044, March 8, 2022) (opens in a new tab)
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